Mississippi Criminal and Family Law Blog

Former Mississippi County Coroner Charged with Embezzlement

Published on: April 20, 2023 | by Vic Carmody Jr., P.A.

According to U.S. News & World Report, a former coroner for a south Mississippi county was indicted in late March on several charges, including embezzlement. In addition, the former Hancock County Coroner also faces three counts of false representations to defraud the government and one count of alteration of records, according to the State Auditor, Shad White.

To put this in perspective, in Mississippi, coroners are paid fees based on the services that they perform. In this case, the former Hancock County Coroner is alleged to have submitted and altered invoices to the Hancock County Board of Supervisors between February and March of 2021. As a result of this alleged fraud, he was paid $13,000 in public funds. His certification as a coroner was suspended in March of 2021, and he resigned from his post in July of 2021, claiming it was because of his recent cancer diagnosis.

What is Embezzlement?

Man wrongfully convicted of rape to be paid $5.5 million

Published on: April 18, 2023 | by Vic Carmody Jr., P.A.

According to CBS News, after wrongfully convicting a man for raping her, writer Alice Sebold while she was a student at Syracuse University, New York state has agreed to pay $5.5 million to the man who spent 16 years in prison. Anthony Broadwater was convicted of raping Sebold in 1981. The settlement comes after his conviction was overturned in 2021. The settlement was signed the week of March 20, 2023 by lawyers for Broadwater and New York Attorney General Letitia James.

Broadwater, 62, said in a statement relayed by one of his attorneys, “I appreciate what Attorney General James has done, and I hope and pray that others in my situation can achieve the same measure of justice. We all suffer from destroyed lives.” “Obviously no amount of money can erase the injustices Mr. Broadwater suffered, but the settlement now officially acknowledges them,” Sebold said in a statement released through a spokesperson.

In May 1981, Sebold was raped near campus while she was in her first year at Syracuse. She described the attack and the ensuing prosecution in a memoir titled “Lucky”, published in 1999. The book was pulled from bookshelves across the U.S. during the 2021-22 academic year due to its graphic descriptions of rape and stopped being distributed after a state court judge vacated Broadwater’s conviction. The judge found that the case that led to his initial conviction was flawed. In the memoir, Sebold wrote that she spotted a Black man in the street months after being raped and was sure that he was her attacker. “He was smiling as he approached. He recognized me. It was a stroll in the park to him; he had met an acquaintance on the street,” Sebold wrote. ” ‘Hey, girl,’ he said. ‘Don’t I know you from somewhere?’ ”

Mississippi Welfare Fraud

Published on: April 17, 2023 | by Vic Carmody Jr., P.A.

Why is Welfare Fraud So Common in Mississippi?

Mississippi has been dealing with serious welfare fraud issues over the last few years. Whether politicians or common folk are taking this money illegally, welfare fraud is always illegal. It goes without saying that this money is set aside for those who are desperate, and the law looks unkindly upon anyone who attempts to circumvent or take advantage of this system. But why exactly is welfare fraud so common in the Magnolia State? Why do people engage in these crimes when the consequences can be so severe? The truth is that many people might not be aware of the legal penalties of welfare fraud. Let’s cover some of these consequences in more depth:

Mississippi’s Infamous Welfare Fraud Fiasco

The Dark Side of the Web

Published on: April 13, 2023 | by Vic Carmody Jr., P.A.

The internet has become an important part of our daily lives, offering us access to information, entertainment, and communication. However, the accessibility of the worldwide web also makes it a platform for various criminal activities, including sex crimes.

Internet sex crimes are a serious problem in Mississippi and across the country. The possession, distribution, or creation of child pornography, online solicitation of a minor, and sex trafficking are all illegal and society would say are morally reprehensible acts that can have devastating consequences for the victims. Law enforcement agencies and individuals alike must work together to prevent these crimes and bring perpetrators to justice.

What Internet Sex Crimes are Common in Mississippi?

Stand Your Ground, Don’t Back Down – When is Violence Considered Self-Defense?

Published on: April 11, 2023 | by Vic Carmody Jr., P.A.

Generally, the law frowns upon acts of violence against another person or persons that results in injury or death. However, there are certain circumstances in which an individual may defend themselves against the assault of another if, for example, they are acting in self-defense of themselves or others, so long as certain standards are met.

There are conditions that an individual must satisfy for their use of force to be found as legally justifiable self-defense. First, the individual who claims to have acted in self-defense must have actually perceived an imminent threat of bodily harm and justify their perception. The individual must also demonstrate that he or she did not provoke the threat. You now may stand your ground and defend yourself in your home, your vehicle, or in your business. However, it is important to note that different states have different statutes that govern what does and what does not qualify as self-defense.

What is Justifiable Homicide in Mississippi?

Texas Man Arrested for Trafficking Pills Laced with Fentanyl in Mississippi

Published on: April 6, 2023 | by Vic Carmody Jr., P.A.

According to WLBT-TV, a Texas man has been charged with aggravated trafficking in Mississippi in mid-January. The man was allegedly arrested for trafficking over 10,000 pills, which consisted of fentanyl. As most are aware, fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine. It is extremely addictive and small doses of it can be deadly.

The incident occurred back in April when a Rankin County Sheriff’s Department Deputy stopped a Chevrolet Tahoe driven by the man as a result of a traffic violation. Reports indicate that a woman and child were also inside the vehicle at that time. Upon approaching the vehicle, the deputy reportedly observed that the back panel of the passenger seat was lying on the floor. The deputy also saw two large packages that were wrapped in electrical tape bulging from the altered passenger seat as well as a few blue M30 – commonly known as counterfeit oxycodone – pills on the floor.

After further investigation, the packages found in the vehicle were revealed to contain over 10,000 counterfeit blue M30 pills, containing both oxycodone and fentanyl. The man has since pled guilty to trafficking fentanyl and will serve 10 years at the Mississippi Department of Corrections without parole.

When Might You Face DUI Manslaughter Charges in Mississippi?

Published on: April 6, 2023 | by Vic Carmody Jr., P.A.

Facing manslaughter charges in Mississippi is a serious matter. People often face these charges in connection with DUIs. But when exactly might you face manslaughter charges for a DUI in Mississippi? If you kill someone while intoxicated and behind the wheel, does this automatically lead to manslaughter charges? These are just a few examples of questions that you might consider if you face a manslaughter DUI charge. Let’s explore this topic in more depth:

An Example of DUI Manslaughter

On February 1, it was reported that a man from Lauderdale County had been indicted for DUI manslaughter for a crash that occurred in 2021. Not only did he crash into an innocent motorist and kill them while intoxicated, but he was also found with a firearm despite the fact that he is a convicted felon. Finally, he was also charged with possession of a controlled substance. All of these charges mean that this individual will likely spend many years behind bars if convicted.

Divorce Based on Incarceration

Published on: April 4, 2023 | by Vic Carmody Jr., P.A.

Divorce is a difficult and emotional process, and when one spouse is incarcerated, it can add an additional layer of complexity to an already challenging situation. In Mississippi, divorce based on incarceration is a possibility, but it requires specific procedures and considerations.

How It Works

In Mississippi, a spouse may file for a divorce based on one or more fault grounds. These fault grounds include things like habitual cruel and inhuman treatment, adultery, habitual drunkenness, or willful desertion for at least one year. In addition to these grounds, a spouse may also file for divorce if their partner has been sentenced to prison for a crime, and they were not pardoned before they were incarcerated.

What is a Hate Crime and How Does Mississippi Handle Them?

Published on: March 30, 2023 | by Vic Carmody Jr., P.A.

According to the National Law Review, on January 10, 2023, a federal grand jury in Boise, Idaho returned an indictment charging an Idaho man with a hate crime. The indictment alleges that on October 12, 2022, a thirty-one (31) year old man attempted to cause bodily injury to two individuals in Boise by driving his car at them. The indictment further alleges that the attack was motivated by the actual and perceived sexual orientation of the victims. The Boise Police Department as well as the FBI Salt Lake City Field Office are the two agencies who investigated the case. Notably, it is crucial to mention that an indictment is merely a criminal charge, and the Idaho man charged is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

In 2021, the Federal Bureau of Investigation (FBI) released that there were 7,759 reported hate crimes in the US – by far the highest level in twelve (12) years. However, according to National Public Radio, some experts have expressed that the exact number of hate crimes in the US is likely higher as not every crime is reported to law enforcement, not every agency reports its data to the FBI, and many agencies report no incidents.

What is a Hate Crime?

Disorderly Conduct: Police Charged in Car Chase Disaster

Published on: March 28, 2023 | by Vic Carmody Jr., P.A.

Four Hawaii police officers have been charged for their involvement in a September, 2021 car crash on the island of Oahu that injured six people, two of them severely.

According to Courthouse News Service, the prosecutor overseeing the case filed felony charges against the officers. Officials say the officers chased down a vehicle without using their squad cars’ lights or sirens, ran the vehicle off the road, causing it to crash, and then left without helping.

Based on indictment papers, the four officers responded to a noise complaint at a beach park around 3:30 a.m. The officers followed a white sedan out form the park onto a highway, where they pursued the car at high speeds without activating their sirens or blue lights at any time as required by law.